Deepak K .

Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

To, Dated: 05/11/2019

1. DR. ANIL KUMAR JAIN

PRESIDENT OF BHARAT SCOUTS AND GUIDES
NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN,
16-MG MARG, I.P. ESTATE, DELHI-110002

2. DR. K.K. KHANDELWAL

CHIEF NATIONAL COMMISSIONER OF BHARAT SCOUTS
AND GUIDES
NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN,
16-MG MARG, I.P. ESTATE, DELHI-110002

3. SH. RAJ KUMAR KAUSHIK

DIRECTOR OF BHARAT SCOUTS AND GUIDES
NATIONAL HEADQUARTERS, LAXMI MAJUMDAR BHAWAN,
16-MG MARG, I.P. ESTATE, DELHI-110002

SUB: SHOW CAUSE OF YOUR REPLY DATED 23.10.2019

VIDE REFERENCE NO. B.S.G./N.H.Q/D-7-
16/2001/2019-20.

Sirs,

Under the instructions and directions of my client SH. K.

SUKUMARA, L.T. (S) FORMER DIRECTOR OF BHARAT SCOUTS
AND GUIDES ADDRESS AT: 133-A, GROUND FLOOR, DDA FLATS,
LIG, PAHARGANJ, NEW DELHI-110055 has handed over the
aforesaid notice dated 23.10.2019 in my hand for giving the proper
reply of the same which as under:-
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

REPLY- CUM-NOTICE

Preliminary Objection:
1. That you the above said addressee no.2 are holding the post
illegally and unlawfully and your appointment and conferment
of power upon you the above said addressee no.2 are contrary
and in gross violation of Clause/bye-laws of Bharat Scouts and
Guides Rules 14(1) which reproduce here:

“The Chief National Commissioner shall be elected by

National Council from among the members, who has an
experience as a warranted commissioner for at least 5 years
at National/State Level”

2. That you the above said addressee no.2 are claiming yourself
to be the appointed post whereas as per bylaws of BSG the
Chief National Commissioner shall be elected by the National
Council of the BSG whereas you the addressee no.2 claim
yourself as selected by alleged President in Council and your
selection/appointment is contrary to the rules and regulations
of Bharat Scouts and Guides and you the above said addressee
no.2 were not the member of executive committee prior to
09.07.2017 and as per rule 14 (2) (a) and (b) reproduce here:

“(2)(a) the Chief National Commissioner shall hold office for a

period of Five years or for the duration of the National Council,
as the case may be, provided however the Chief National
Commissioner shall hold office until his/her successor is
elected.

(b) in the event of vacancy in the office of the Chief National

Commissioner, the National Commissioner, senior by age or if
there is only one National Commissioner, the said National
Commissioner shall act as Chief National Commissioner until a
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

new Chief National Commissioner is elected for the remainder

of the term. The election of the new Chief National
Commissioner shall be held as soon as practicable”. And there
is no provision of President in Council in rules and byelaws of
BSG as the alleged amendments are contrary to byelaws of
BSG.

3. That you the above said addressee no.2 are claiming yourself
as Chief National Commissioner on the basis of the National
Council meetings convened on 09.07.2017 and the decision
relating to the amendment, addition, deletions in
rules/memorandum of association, bye-laws are contrary to
the rules and regulations of Bharat Scouts and Guides and the
following rules of the Bharat Scouts and Guides has been
contravened and violated and bypass i.e. Rule 28 described
how to make amendment, addition, deletion and alteration of
the rule of Bharat Scouts and Guides, A.P.R.O, Part-1, Part-II,
Part-III, or bye-laws of Bharat Scouts and Guides which is
reproduce here:-

“28 The Rules Committee, (1) the Rules Committee shall

consist of the Chief National Commissioner, the National
Commissioners of Scouts and Guides, the Deputy National
Commissioners of Scouts and Guides, Director, Joint Director
(Support Service) Joint Directors of Scouts and Guides
(Operations), Deputy Director of Scouts and Guides (Leader
Training), Deputy Director of Scouts and Guides (boy/girl
Programmes), the Deputy Director of Scouts and Guides
(Projects). Six Leader Trainers one each from Cub, Scout,
Rover, Bulbul, Guide and Ranger Sections, Two Youth
Committee representatives and such other members as may
be nominated by the National Executive Committee on the
recommendations of the Chief National Commissioner.
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

(2) the Chairman of the Rules Committee shall be nominated

by the Chief National Commissioner.

(3) the director shall be the secretary of the Rules Committee.

(4) all suggestions of amendments, additions, deletions and

alternations of the Rules of the Bharat Scouts and Guides,
A.P.R.O. Part-1, Part-II and Part-III or the bye-laws of the
Bharat Scouts and Guides, sue moto of the suggestions
received from the members of the Rules Committee or the
State Associations or the members of the National Council-
these shall be first considered by the Rules Committee shall
make its recommendations thereon to the National Executive
Committee.”

4. That National Council has no power to amend, alter, modify

any rules and regulations, bye-laws without recommendation
by rules committee approved by executive committee of
Bharat Scouts and Guides and such alleged amendment dated
09.07.2019 carried out without the recommendation of rule
committee and without approval of the National Executive
Committee in this circumstances any alleged amendment,
alteration, deletion are void ab-initio are contrary to rule and
regulations prescribed by memorandum of Association.

5. That you the above said addressee no.1 in collusion

connivance with the addressee no.2 have acted dishonestly
and fraudulently and to get the personal benefit, advantage,
gain at the cost of the organization have tried to cause
material change in the rule and regulations just to confer all
the power in one person i.e. President of Bharat Scouts and
Guides and all the power may be concentrate one hand only
and you the above said addressee no.1 while acting in
conspiracy with the you the above said addressee no.2 have
deliberately, knowing, wilfully and intentionally have totally
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

ignored the rules, regulations bye-laws of the Bharat Scouts

and Guides, so the appointment of addressee no.2 is legally
null and void and nonest in eyes of law, therefor the
appointment of the addressee no.3 by the addressee no.2 is
also illegal and unlawful and void ab-initio.

6. That appointment/selection of the addressee no.2 is also in

gross violation of rule 30 (12 and 13) of Power and Function
of Executive Committee of Bharat Scouts and Guides is
reproduce here:

(12) to frame the Rules of the National Association, the State

Associations, the District or Divisional Associations, the Local
Associations and the Group Organizations and the Rules and
A.P.R.O.s and make additions, deletions, amendments and
alterations thereto subject to the approval of the National
Council;

(13) to frame the Bye-Laws of the National Association, with

such modifications as may be necessary subject to the
approval of the National Council;

Note-the National Executive Committee may refer the

suggestions for the amendments, additions, deletions and
alterations of the above to the Rules Committee for its
examinations and recommendations.

7. That aforesaid bye-laws, rules and regulations have been

ignored by making the amendment in rules and regulations by
you the above said addressee no.1 and 2 only to embezzle the
public funds, money, resources and grant in aids.

8. That appointment of the you the above said addressee no.3

are illegal and unlawful one and he does not have any lawful
power and authority to issue any kind of show cause notice
upon my client, even though addressee no.3 is facing the
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

criminal charges in FIR NO. 131/2017, U/s 3(1), R again 3 (1)

W (III), 3 (2) (V-A) SC and ST Act, IPC 506 and Information
Technology Section 67 lodged at P.S. I.P. Estate, Delhi and as
per the rules 4.3 (1) if any member is found guilty in criminal
offence, involving moral turpitude, his/her membership shall
be terminated and any award/privilege shall be withdrawn and
the addressee no.3 is involved in the aforesaid case despite
the facts he claimed himself to be director of the Bharat Scouts
and Guides and addressee no.1 and 2 ignored the same and
allegedly despite of knowing the involvement of addressee
no.3 in a criminal case allowed/permitted him to retain the
alleged post.

9. That the you the above said addressee no. 1, 2 and 3 are not
authorized and competent person to hold, manage, control the
affairs of Bharat Scouts and Guides and to serve the any show
cause notice to my client and yours all acts and deeds are
legally null and void.

a. That all the societies establish under the society

registration Act are legally bound to follow, implement,
observe their rules and regulations in its mandate in case
if any society violate the same then it seizes to hold any
powers and registrar of society have a power to take
action and also government bodies stop releasing the aid
in grants are also not to recognize such bodies.

10. That my client has taken the retirement from the Bharat
Scouts and Guides and he has left no concern with the
aforesaid organization and the Bharat Scouts and Guides
cannot impose any restriction upon my client to participate in
the other organization running the similar activities and the
Hindustan Scouts and Guides Association is recognized and
affiliated by the Ministry of Youth Affairs.
 Deepak K . Tyagi
Advocate & Legal Consultant

Chamber No. 455, 2nd Floor OFF.: D-12/25, 26, 3rd Floor
Western Wings Sector-8 Rohini Delhi-110085
Tis Hazari Court, Delhi-110054 Near Rohini East Metro Station
Mob. No. 9810283029 Email.deepak_ktyagi@rediffmail.com

I therefore called upon you the above said addressee

no.3 to withdraw the contents of the show cause notice dated
23.10.2019 for all legal purposes and consideration and also
give the intimation in writing in respect of the withdrawal of
the notice dated 23.10.2019 to me and my client within a
period of 7 days of tendering of this present reply-cum-notice
and take notice if you the above said addressees institute any
kind of legal proceeding on the basis of notice dated
23.10.2019 the same will be defended and contested at your
risk, cost and consequences.

Deepak K. Tyagi
Advocate

Copy to:-

i) The Hon’ble President of India.

ii) The Hon’ble Prime Minister House.
iii) The Registrar of Society concern.
iv) The Secretary of Ministry of Youth Affairs.